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DESCRIPTION:COUNCIL MEETS AT 2 PM\nThe Council will again be convening at the unusual
time of 2 PM. Probably because the Coronation of incoming Mayor
“Rattlesnake” Robinson (so termed because of close collusion with the
anti-homeless and vicious Drug War policies of Take Over Santa Cruz.\n\nFor
those interested there traditionally been a post-coronation
cakes-and-drinks celebration across the street in the Civic Auditorium to
which the public is invited. This has been a chance to mingle with those
in power and spend a little time indoors before returning to the freezing
streets. \n\nTHE NEW LAWS\nAgenda item #15 restrictvely rewrites the
entire sections on public demonstrations for what were previously termed
“Commercial and Non-commercial Events.” They have been relabeled
“Public/Major Events” & “Public Gathering and Expression Events”
\n\nThe staff report can be found at
http://sire.cityofsantacruz.com/sirepub/cache/2/gm3nxoa24g4uqu55k4gs1zrb/382360111252013053508496.PDF
. \n\nQuite simply, the law rewrite criminalizes protests that have more
than 50 participants (previously the “allowed” maximum was 100).
permit requirement has now tightened apparently so that 50 rather than 100
people require a permit. Marching in the street is no longer provided for
except through costly street closures. Permits must be applied for 5 days
rather than 36 hours in advance. \n\nPRIOR HISTORY\nThe law passed 6-1 at
the First Reading and is likely to slide thru the Council swamp like shit
through a goose tomorrow. I pointed out that most protests don't seek
permits—that's the point of protests: the First Amendment is our permit.
\n\nRepressive authority from Birminghan Alabama in the 60's the
murdering generals in Egypt in 2013 have all used “permits” as a way of
suppressing dissent. \n\nI encourage indybay readers to examine this
ordinance themselves. Like the Sidewalk Shrinkage ordinance severely
reducing space for public performance, political tabling, panhandling,
vending, and art display, this ordinance passed its first reading without
police testimony that the current law has any problems. \n\nKathy Agnon,
the Permitmeister, presented a very sunny account of the proposed new laws.
She however didn't provide any documentary evidence indicating a history
(either anecdotal or otherwise) of such problems. \n\nPUBLIC
RECORDS--STILL NOT PROVIDED\nMy attempt to get public records was delayed
by Agnon & other city staff, in spite of what I'd thought were assurances
from Nydia Patino. I'd hoped to have records of permit applications and
rejections for the last six months available. Accordingly, as usual, we
have the staff's arguments in favor of laws instead of any solid evidence
that there's a real problem that needs fixing. We need some more objective
record beyond Agnon's expertise and good will. \n\nFor the texts of the
old and new laws, go to
http://sire.cityofsantacruz.com/sirepub/mtgviewer.aspx?meetid=479&doctype=AGENDA
and look up agenda item #12. You can also view the video of public
testimony and Council discussion there.\n\nThe texts of the proposed Public
Assembly-restricting new laws is also available at
http://sire.cityofsantacruz.com/sirepub/mtgviewer.aspx?meetid=482&doctype=AGENDA
without the clarification of what's being changed.\n\nIf you value your
right to publicly assemble and march in any cause, this ordinance should
have a big red warning light attached to it, considering the make-up of the
Council. \n\nGLOOMY PROSPECTS AHEAD\nThe likely next mayor (Lynn
Robinson), and the past record of this Council and the City Manager in
cutting back public space, public assembly, and public accessibility
suggests empowering the police in unhealthy ways—even against smaller
gatherings, to say nothing of the DIY New Year's Parade coming up in
several weeks.\n\nConsidering the phony hysteria generated around “public
safety” that is likely to be front and center on “Rattlesnake”
Robinson's January agenda, further restrictions on the right to gather to
demand redress of grievances is the last thing we want right now.\n\nMORE
OF THE SAME PSUEDO-PUBLIC SAFETY\nThe parallel with the recent ordinance
changes constricting street performance and art is instructive. The
hypocrisy and special interest nature of the "display device" ordinance was
obvious then and has become more obvious since. \n\nObstructive commercial
signs have sprouted on the Pacific Avenue sidewalks in spite of the
balleyhooed "trip and fall" pretext used to criminalize laying out a
blanket. \n\nThis "danger" as well as the Robinson-Comstock-Mathews
"upscale aesthetics' concerns also prompted the constriction of tabling,
vending, and performance space, and the expansion of "forbidden zones" now
encroaching on 95% of the sidewalks downtown for non-merchant activity.
\n\nHARASSMENT REPLACING TICKETING\nBut probably many have noticed that
most every performer, vendor, even political tabler down there is in
violation of the letter of the law as passed on September 24th—as pointed
out in a recent Santa Cruz Weekly article. \n\nHosts and police have given
out few if any citations, but harassment has stepped up. Some cops are now
claiming that craftspeople are allowed to display their jewelry/art for
donation only 6 times a year and must thereafter get a business license..
\n\nSo may it be with this "Parade Permit" ordinance--last hauled out
notoriously to ticket Whitney Wilde, Curtis Reliford, and Wes Modes for
"walking in a parade without a permit" on a DIY New Years event 3-4 years
ago. \n\nI have been in at least several dozen marches down Pacific Avenue
in the last few decades, probably more, and none of them had a permit.
Nor were there citations, arrests, and/or prosecutions to my knowledge.
But enabling police, the city attorney, and compliant bureaucrats with
restrictive laws is not a good idea.\n\nDefending the traditional freedoms
Santa Cruz peaceful protesters have enjoyed ultimately requires exercising
them. For the first time “political signs” were “allowed” in the
Xmas parade last Saturday (though I've always ignored such clearly
unconstitutional restrictions).\n\nThe ordinance coming up tomorrow on the
afternoon agenda empowers more repression and makes spontaneous protest
more risky, They need to be sent back for a public process of
discussion--with those directly affected and with the public at large.
\n\nEarlier info on the first reading at
https://www.indybay.org/newsitems/2013/11/25/18746832.php \n
https://www.indybay.org/newsitems/2013/12/09/18747527.php
SUMMARY:Constricting and Restricting Public Assembly Back at City Councl
LOCATION:Santa Cruz City Council Chambers \nExact time is uncertain, but the laws
are items #14 and #15, directly after the Consent Agenda. To be safe, show
up at 2 PM.
URL:https://www.indybay.org/newsitems/2013/12/09/18747527.php
DTSTART:20131210T221500Z
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